How to file a civil case to reclaim my car after a manager’s check bounced?

Dear Client,

Thank you for reaching out regarding your situation involving the sale of your car, the bounced manager’s cheque, and your desire to recover your vehicle.

1. Legal Background:

Under current UAE law, a bounced cheque, whether personal or manager’s, is primarily treated as a civil matter unless there is evidence of fraud.

Since the sale condition (payment via manager’s cheque) was not met and the cheque bounced, you have the right to seek legal recovery of your car or compensation.

2. Steps to File a Civil Case for Car Recovery:

a. Gather Evidence:

- The original bounced cheque and the official return (bounced cheque) certificate from the bank.

- A copy of the car sale agreement or any documentation proving the transaction.

- Any correspondence with the buyer (WhatsApp, emails, etc.).

- The police report and any documentation regarding the car’s recovery.

b. File a Civil Execution Case:

As per UAE law, a bounced cheque is considered an “execution deed.” You can file a civil execution case directly with the Dubai Courts Execution Judge using the bounced cheque and supporting documents.

The court will typically issue an order for the buyer to pay the cheque amount within 15 days. If the buyer fails to comply, the court can order the seizure of assets or, in your case, the return of the car.

c. Court Process:

Submit your application and all supporting documents through the Dubai Courts portal or with the assistance of a legal representative.

The court may order the return of the car to you, or, if the car cannot be returned, compensation equivalent to its value.

3. Additional Notes:

If there is evidence of fraud or bad faith, criminal charges may also be considered. The new law allows you to proceed directly to civil court without needing to file a new police complaint.

4. Recommendation:

For the most efficient resolution, I recommend consulting a UAE-licensed lawyer to assist with document preparation and court filing. If you have all the necessary evidence, you may also initiate the case yourself via the Dubai Courts online portal.

Should you require further guidance or legal representation, please let me know. I am here to assist.

Best regards,

Hello,

If the buyer has failed to settle the payment but remains in possession of the vehicle, you may file a civil case before the competent court seeking:

1. Termination of the sale agreement,

2. Restoration of the original status (return of the car and re-registration under your name), and

3. Compensation for damages caused by the buyer’s breach of contract.

Our legal team is prepared to represent you in this matter. For assistance, please contact us.

Dear Questioner,

Thank you for reaching out!

In your case, since the sale condition (payment via manager's cheque) was not fulfilled due to the cheque bouncing, and you have already filed a criminal complaint which led to the recovery of the vehicle, you now have the right to pursue a civil case to claim ownership and request the cancellation of the sale transaction.

Here’s what you can do next:

File a Civil Case before the relevant UAE civil court (based on where the transaction or recovery took place), stating that the contractual obligation (payment) was not met and requesting the cancellation of the sale and return of the vehicle to you.

Attach Evidence such as:

- The sales agreement.

- A copy of the bounced cheque.

- A copy of the police complaint and vehicle recovery report.

- Any communication between you and the buyer.

Request for Immediate Measures: In urgent cases, your lawyer may also request a precautionary measure to prevent the car from being resold or exported while the case is ongoing.

If you need assistance with filing the civil case or legal representation, we would be happy to assist you.

Best regards,

Mohammed Salah

Legal Consultant

Dear questioner,

It is certainly a frustrating situation to have a manager's check bounce after selling your car. Since the car has been recovered following your police complaint, you now need to pursue a civil case to reclaim ownership based on the unmet condition of the sale (the bounced cheque).

First, we shall initiate a notice of breach and begin civil procedures for the damages/compensation.

If you need our assistance, kindly share your WhatsApp number.

According to UAE law, if the manager’s cheque bounced and a key condition of the sale was not fulfilled, you have the right to file a civil case to cancel the contract and reclaim the car, as the payment was not completed.

Our legal center specializes in such disputes and can assist you in taking the necessary legal steps.

Dear Inquirer,

If the manager's check you received bounced, and the sale conditions were not met, you have the right to pursue legal action.

You can file a civil case to recover your car, as the contract has been breached due to non-payment.

To proceed with the case, we can assist in filing the necessary legal documents, including a claim for the return of the car and any associated damages.

For expert legal guidance and assistance with filing the case, we recommend booking a consultation with us.

You can file a civil case against the buyer for recovery of your car due to failure of payment, as per contract law principles, specifically citing that since payment was not fulfilled (the check bounced), you are entitled to reclaim ownership of your vehicle.

The bounced manager's check signifies a breach of the sale contract. As the payment failed, the ownership transfer might be considered invalid, allowing you to seek the return of your property.

You may file the Statement of Claim with the relevant court in Dubai. This is usually the Court of First Instance.

Once the case is registered, the court will need to officially notify the defendant. We will let you know the procedures to be undertaken in detail.

Kindly share your WhatsApp number to discuss further.